McCallion
McCallion v. Hibernia Savings & Loan Society
Opinion
Lead Opinion
Garoutte, J.
— Division Ho. 1 of a society known as the Ancient Order of Hibernians had several thousand dollars deposited in the Hibernia Savings and Loan Society. Dissension arose in the organization, and an action was brought against the Hibernia Savings and Loan Society by certain individuals claiming to compose the only true and genuine Division Ho. 1, to recover this money. Certain other parties making the same claims intervened, and asked that the money foe awarded to them. The Loan Society paid the money into court, and the intervenors were substituted as parties defendant. The city and county treasurer became the custodian of the fund under an or dev of the court during the pendency of the action. Judgment was rendered that plaintiffs were entitled to the money; that the city and county treasurer pay the same over to them, and that the defendants pay the costs of the action, amounting to three hundred and twelve dollars. Defendants appealed and gave a stay bond in the sum of seven thousand five hundred dollars, being double the amount of the judgment and costs. Upon appeal the judgment was affirmed. Subsequently, upon a return of the remittitur to the trial court, plaintiffs moved for…